Eligibility Requirements for Schedule A Designation In order to obtain an employment-based visa classification based on a Schedule A occupation, the petitioning employer must meet the eligibility requirements outlined in the table below. It does not mean that the beneficiary is eligible for the requested immigrant visa classification. The fact that a petitioner can establish eligibility under DOL’s regulations only means that the permanent labor certification requirement is met. USCIS applies DOL’s regulations to the application for permanent labor certification regarding whether or not the employer and beneficiary have met certain requirements, and USCIS’ regulations to the petition.ĭOL requirements for Schedule A occupations and sheepherders are different from the normal requirements for other employment-based immigrant visa classifications. employer submits an uncertified application for permanent labor certification to USCIS at the time of filing the Immigrant Petition for Alien Workers ( Form I-140), and USCIS reviews the application for permanent labor certification during the adjudication of the petition. DOL has also determined that sheepherders are eligible for special processing. These occupations are referred to as Schedule A occupations. workers who are able, willing, qualified, and available pursuant to regulation. For certain occupations, DOL has predetermined there are not sufficient U.S. Department of Labor (DOL) adjudicates Applications for Permanent Employment Certification ( ETA Form 9089 (PDF)), also referred to as permanent labor certifications.
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